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NY C88764

June 17, 1998

CLA-2-63:RR:NC:TA:352 C88764


TARIFF NO.: 6306.22.9030

Mr. Walter Price

Outdoor Innovations, Ltd.

150 North Sunway Drive

Gilbert, AZ 85233

RE: The tariff classification of pop-up tents from China.

Dear Mr. Price:

In your letter dated June 4, 1998, you requested a classification ruling. The samples will be returned as requested.

The samples submitted are tents, identified as "Glacier II" and "All American." Also submitted are descriptive literature depicting tents identified as "Appalachian," "Vagabond II," and the "Glacier." They are all pop-up tents constructed of nylon woven fabric. The tents consist of a spring metal frame within the fabric that can be coiled into a flat disc shape. The folded tents are held in place by an elasticized strap. The folded tents are contained and transported in a zippered disc shape carrying case made of the same material. The case has two textile web handles and a detachable web fabric shoulder strap. The discs are approximately 3 inches in height.

The "Glacier II" when erected is designed for three persons. It has a floor size measuring 49 square feet and 52 inches in height. It weighs 7 pounds and the disc measures 32 inches in diameter.

The "All American" when erected is designed for one to two persons. It has a floor size of 26 square feet and 39 inches in height. It weighs 5 pounds and the disc measures 27 inches in diameter.

The "Appalachian" when erected is designed for three to four persons. It has a floor size of 64 square feet and 60 inches in height. It weighs 9 pounds and the disc measures 38 inches in diameter.

The "Vagabond II" is designed for three to four persons. It has a floor size of 54 square feet and 52 inches in height. It weighs 9 pounds and the disc measures 36 inches in diameter.

The "Glacier" is designed for two persons. It has a floor size of 40 square feet and 45 inches in height. It weighs 7 pounds and the disc measures 30 inches in diameter.

You believe that the tents are classifiable under subheading 6306.22.1000, Harmonized Tariff Schedule of the United States (HTS) which provides for backpacking tents of synthetic fibers. You indicated that these are backpacking tents based on the physical characteristics of the tents, the manner in which they are designed and how they will be marketed and sold in the United States. The literature you submitted does not indicate that the tents are marketed for backpacking, they only state the tents are "designed for backpacking." The cases are fitted with web straps that appear to be a convenient way to carry the discs in their carrying cases. The discs' diameters far exceed the required carry size diameter stated in the backpacking tent guideline T.D. 86-163. Such large disc shaped tents cannot be carried conveniently on the backs of most persons without interfering with the sport of backpacking. These tents would extend outside the frame of the body and would be continually bumping against various obstructions as a backpacker navigates through thick underbrush and difficult terrain. Even though the floor areas and weights conform with the guideline requirements for backpacking tents shown in T.D. 86-163, these tents appear not to be specially designed for the sport of backpacking, because their unusually large circumferences would interfere with the movement of a backpacker over rough terrain.

The applicable subheading for the pop-up tents will be 6306.22.9030, HTS, which provides for tents: Of synthetic fibers: Other, other. The duty rate will be 9.5 percent ad valorem.

The pop-up tents fall within textile category designation 669. Based upon international textile trade agreements products of China are subject to a quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-



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